se STATE OF FLORIDA iow f L. ET) DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION - CONSTRUCTION INDUSTRY LICENSING BOARD = O7 OCT -4 yyy: 22 DIVISION I | ADMINIS Sie DEPARTMENT OF BUSINESS AND . HEARINGS PROFESSIONAL REGULATION, O71 -USU) Petitioner, v. Case No. 2006-043367 GEORGE MCNEAL, _ D/B/A UMBRELLA ROOFING, INC., Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against GEORGE MCNEAL, D/B/A UMBRELLA ROOFING, INC., ("Respondent"), and says: 1, Petitioner is the state agency charged with regulating the practice of contracting pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 489, Florida Statutes. 2. Respondent is, and has been at all times material hereto, a Certified Roofing Contractor in the State of Florida, having been issued license number CC C057803, which is current and active. . 3. Respondent's last known addresses of record are 3324 SE 22" Place, Cape Coral, Florida 33904 and 4922A Vincennes Street, Cape Coral, Florida 33904. 4. At all times material hereto, Respondent was the qualifying agent for Umbrella Roofing, Inc., which holds certificate of authority, QB13054, which is current. 5. Section 489.1195(1)(a), Florida Statutes, provides that all primary qualifying agents for a business organization are jointly and equally responsible for supervision of all operations of the business organization; for all field work at all sites; and for financial matters, both for the organization in general and for each specific job. 6. On or about August 17, 2006, in the County Court of the Twentienth Judicial Circuit In and For Lee County, Florida, Susan McLaughlin and Theodor Neteler obtained a Final Judgment Against Defendant George McNeal, Only, in the amount of $11,820.00. 7. The Default Final Judgment relates to the practice of contracting 8. Respondent has failed to pay the aforementioned Default Final Judgment and there is no mutually agreed upon payment plan to satisfy the judgment. 9. Rule 61G4-17,001(23), Florida Administrative Code, states in part that for the purposes of section 489.129(1)(r) [now 489.129(1)(q)], Florida Statutes, "reasonable time" means ninety (90) days following the entry of a civil judgment that is not appealed. COUNT I 10.‘ Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 9 as though fully set forth herein. 11. Based on the foregoing, Respondent violated section 489.129( Ym? Florida Statutes, by committing incompetency or misconduct in the practice of contracting. COUNT 12. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 9 as though fully set forth herein. 13. Based on the foregoing, Respondent violated section 489.129(1)(q), Florida Statutes, by failing to satisfy, within a reasonable time, the terms of a civil judgment obtained against a licensee or the business organization qualified by the licensee, relating to the practice of the licensee’s profession. WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board enter an Order imposing one or more of the following penalties: place on probation, reprimand the licensee, revoke, suspend, deny the issuance or renewal of the certificate or registration, require financial restitution to a consumer, impose an administrative fine not to exceed $5,000 per violation, require continuing education, assess costs associated with investigation and prosecution, impose any or all penalties delineated within Section 455.227(2), Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. Signed this 2-2. day of Veg , 2007, PC Found: May 22, 2007 Div. Ii: Bailey & Holloway Z elly Assistant General Counsel COUNSEL FOR DEPARTMENT: I E D Depart i Busi be Jeffrey Kelly Ment of Business and Professional Regulation : A Assistant General Counsel GENCY CLERK Department of Business and Professional Regulation Office of the General Counsel CLERIC SS 1940 N. Monroe Street, Ste. 42 DA o wy x. . (eu ony Tallahassee, FL 32399-2202 "lo-S-2007 JIK/ad ; Case No: 2006-043367

Docket for Case No: 07-004567